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Statement on public procurement

Public procurement services news

Call on European institutions to safeguard public-public cooperation and in-house provision in the Revision of the Public Procurement Directives 

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Public-public cooperation and in-house provision are essential tools enabling local and regional governments to organise, deliver, and manage public services directly — whether through cooperation with other public authorities or through entities under their control — without resorting to external operators.  

The Council of European Municipalities and Regions (CEMR) released a statement in which it expresses its strong opposition to calls and proposals that further restrict public-public cooperation and in-house provision in view of the upcoming Revision of the EU Public Procurement Directives.  

In this new statement, CEMR argues that public-public cooperation and in-house provision are firmly grounded in the EU Treaties, the Public Procurement Directives, and the case law of the Court of Justice of the European Union. Local and regional governments must retain the freedom to choose the delivery model that best serves their communities — including direct provision and cooperation with other public authorities.  

CEMR also takes aim at the notion that public-public cooperation or in-house provision harms competition. There is no evidence to support that claim; if anything, these models can improve efficiency, support investment, and strengthen essential public services for citizens.  

Additionally, at a time of growing geopolitical uncertainty, cybersecurity risks, and growing pressure on public services, local authorities cannot afford to lose the flexibility to organise critical services in-house or through trusted public partnerships.  

CEMR calls to the European institutions for greater legal certainty — not further restriction — in the revision of Article 12 of the Public Procurement Directive, while safeguarding the right of local and regional governments to organise public services according to local needs and democratic choices.  

To complement this information, you can also read here CEMR’s position paper setting out what local and regional governments need from the revision of the 2014 Public Procurement Directives. 

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Reaction to the EU procurement rules

Public Procurement news

CEMR calls for a simpler, fairer revision of the EU public procurement directives, putting local realities at the centre of the reform

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Local and regional governments (LRGs) are Europe’s largest public investors, spending more than €3 trillion a year through procurement. From care services to construction, from digital tools to energy infrastructure, every euro spent through public contracts has a direct impact on citizens’ daily lives. Yet the rules governing how LRGs buy are growing increasingly fragmented, complex, and out of sync with local realities.

As the European Commission prepares to revise the 2014 Public Procurement Directives, CEMR has adopted a position paper setting out what LRGs need from the reform. The message is clear: the revision must prioritise simplicity, flexibility, and subsidiarity instead of adding new layers of mandatory obligations to already overstretched towns, cities and regions.

A flexible framework that works for all

Most LRGs in Europe are small, operating with limited legal, technical, and administrative capacity. The current framework, scattered across more than 60 EU sectoral legislative acts, was not designed with them in mind. CEMR calls for a directive-based approach that preserves flexibility, and for EU-level clauses on environmental, social, and innovation considerations to remain voluntary. A comprehensive review mechanism should consolidate procurement obligations across sectoral legislation to eliminate contradictions and reduce the burden on contracting authorities.

Higher thresholds, fewer unnecessary procedures

EU procurement thresholds have not been changed in over a decade, despite significant inflation and rising costs. As a result, an ever-growing number of public purchases are now subject to full EU-level procedures, despite no real cross-border interest. Indeed, direct cross-border procurement accounts for just around 2% of all contract awards. CEMR calls for a substantial increase in thresholds, in line with cumulative inflation since 2014, alongside an automatic indexation mechanism to prevent the same problem from recurring.

Made-in-Europe and strategic goals must not come at local cost

CEMR supports the Commission’s broader ambitions on European competitiveness and strategic autonomy, goals that matter equally to LRGs who depend on resilient supply chains. However, a “Made in Europe” approach will significantly increase costs for contracting authorities if applied broadly. LRGs must not be penalised when EU supply is unavailable and must not be responsible for verifying complex supply chain origin documentation. That responsibility should lie with economic operators, supported by EU-level certification.

Protecting public-public cooperation and in-house provisions

LRGs regularly collaborate across boundaries to pool resources and deliver services more efficiently, especially in rural or low-capacity areas. Yet, Article 12 of the current directive remains too restrictive and unclear, creating legal uncertainty for many legitimate forms of public-public cooperation and in-house arrangements. CEMR therefore calls for a broader and clearer exemption for genuine cooperation between public authorities, and for in-house procurement to be protected from market-oriented interpretations, allowing LRGs to retain the democratic discretion to organise and deliver public services in the way that best serves their communities.

CEMR will continue to engage actively with the European institutions throughout the revision process to ensure that the voices of local and regional governments shape the outcome of this crucial reform.

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Digital local and regional governments

Digital transition - News 2022

How Europe’s municipalities and regions can drive an inclusive, secure and people-centred digital transformation


Local and regional governments are at the heart of Europe’s digital transformation. As the public authorities closest to citizens, they deliver services such as healthcare, education, transport, social support and broadband deployment, all increasingly shaped by EU digital legislation. Their role is essential to ensure that digitalisation remains inclusive, sustainable and accessible to everyone. Yet many local and regional governments still face major obstacles: unequal access to digital infrastructure, insufficient financial and human resources, cybersecurity risks, and widening gaps in digital skills.

Across Europe, disparities in connectivity and digital access disproportionately affect rural and remote areas, low-income households and vulnerable groups. These inequalities threaten territorial cohesion and limit citizens’ ability to participate fully in digital society. To make digital public services truly accessible, digital solutions must follow inclusive design principles and remain complemented by in-person service options for those who cannot or prefer not to use digital channels.

Cybersecurity has become an increasing concern as local authorities manage sensitive public data and critical infrastructure, often without sufficient expertise or funding to meet growing EU requirements such as those under the NIS2 Directive. Smaller municipalities, in particular, lack the resources to implement robust cybersecurity measures, respond to incidents or comply with complex regulatory frameworks. Reinforced cooperation, simplification of rules and sustainable financial support are essential to strengthen local resilience.

Skills development remains another pressing challenge. To implement new EU digital policies, including those related to artificial intelligence, interoperability and data governance, local administrations need staff trained to oversee digital systems, maintain human oversight, and ensure ethical, transparent and fair use of technologies. At the same time, strengthening digital literacy among citizens through lifelong learning and community-based initiatives helps build trust, inclusion and participation. Cooperation between municipalities and across regions also accelerates innovation and avoids fragmentation by enabling the exchange of best practices and common solutions.

A Call for Stronger EU Support

To ensure a fair, secure and inclusive digital transition, CEMR calls on European institutions to reinforce investment in digital infrastructure, especially in underserved regions; provide technical and financial support for accessible digital public services; maintain non-digital access to essential services during the transition; facilitate public-private partnerships to expand connectivity; and offer tailored guidance, capacity-building and long-term funding to help local and regional governments strengthen their cybersecurity and digital skills. Europe’s digital future depends on empowering the actors closest to citizens: its municipalities, cities and regions!

Read the position paper here

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EU values in the digital space 

Digital violence - News 2023

CEMR calls for a digital transition that works for all levels of government 


Local and regional governments must be fully equipped and supported in Europe’s digital transition. That’s the key message from the Council of European Municipalities and Regions (CEMR) in its response to the European Commission’s consultation on EU digital principles. 

As frontline providers of public services and facilitators of digital innovation, local and regional governments (LRGs) are key to making the digital decade a success. However, CEMR warns that this transformation must not impose new burdens or widen digital divides. 

“European initiatives must support, not sideline, local governments. Funding, training and collaboration are vital,” says the organisation. 

CEMR welcomes the goals outlined in the Commission’s “2030 Digital Compass,” especially the focus on digitalising public services. It highlights the importance of digital skills, cybersecurity, smart cities, and interoperability to help municipalities deliver inclusive and user-friendly digital services. 

Local authorities are already investing in e-government, innovation labs, and partnerships with start-ups. But CEMR calls for better coordination between national and EU levels to avoid duplication and ensure all regions, rural and urban alike, can benefit. 

CEMR also emphasises: 

  • The need to strengthen local democracy through inclusive digital participation; 
  • Protecting privacy and personal data under the “once-only” principle; 
  • Supporting socially responsible platforms in the sharing economy; 
  • Promoting open standards and seamless interoperability across administrations. 

The digital transition must not leave anyone behind. From investing in digital education to adapting services for vulnerable groups, local governments play a central role in ensuring a digital Europe that is fair, accessible, and democratic. 

Read the position paper here 

For more information, contact: 

The future of public services 

People Europe - News

Simpler EU rules needed to empower local service delivery 


Local and regional governments are central to ensuring quality public services across Europe, from transport to childcare and broadband. Yet complex EU rules on competition and procurement are increasingly challenging their ability to deliver these services effectively. 

That’s the core message of the Council of European Municipalities and Regions (CEMR)’s position paper, Strong Public Services through Local Governments

As Europe reflects on its future, CEMR urges policymakers to recognise local governments not as a problem, but as part of the solution. From climate action to social cohesion, local services are key to implementing EU goals on the ground. However, this contribution risks being undermined by overregulation and limited local autonomy. 

“European rules should enable, not obstruct, local governments in meeting community needs,” the paper argues. 

CEMR highlights the need to: 

  • Respect subsidiarity and local self-government; 
  • Simplify procurement and state aid procedures; 
  • Allow local authorities to support their economies through ‘buy local’ criteria; 
  • Improve legal clarity for public-public cooperation; 
  • Reform litigation-heavy procurement processes. 

Despite burdensome procedures, cross-border procurement remains rare, pointing to a mismatch between regulatory effort and actual impact. A more flexible, proportionate system would support innovation and help local governments better serve their communities. 

Read the position paper here 

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Extending social protection rights 

Youth employment - News

CEMR highlights challenges and priorities in ensuring fair access to social protection for all forms of employment 


In June 2017, the Council of European Municipalities and Regions (CEMR) responded to the European Commission’s first-phase consultation of social partners on access to social protection within the framework of the European Pillar of Social Rights. CEMR welcomed the initiative but emphasised that further detail is needed to ensure effective and fair implementation across Europe. 

CEMR underlined that while improving access to social protection is beneficial, implementation must remain balanced between workers’ rights and employers’ needs. The organisation cautioned that additional measures, such as parental leave provisions under the Work-Life Balance Directive, may create significant costs for local governments and should be carefully planned. 

A key challenge lies in ensuring similar social protection rights for similar work, while recognising that not all workers lacking access face the same risks. The main issue arises when individuals have no coverage at all, not when they are already protected through another job. 

For self-employed workers, CEMR identified several priority areas for EU action under social protection, including: 

  • sickness and accident-at-work benefits, 
  • old-age and invalidity benefits, 
  • maternity and paternity benefits. 

In terms of employment services, CEMR stressed the importance of strengthening guidance, counselling, training, and reintegration measures to support workers in transition. 

While CEMR agreed that all self-employed workers should, in principle, be included in such an initiative, it pointed out the particular difficulties faced by small and micro-businesses. A tailored approach is needed, with careful assessment of different employment types. 

CEMR reaffirmed that responsibility for social policy and social insurance design remains with Member States, and that self-governance by social partners must be respected. Any EU initiative on access to social protection should therefore act as a framework for guidance and support, while preserving national competencies and diversity. 

Read the position paper here 

For more information, contact: 

Revision of written statement directive 

Social Dialogue - News 2021

New obligations on short-term contracts could burden local employers 


As the European Commission considers revising the Written Statement Directive (91/533/EEC) to reflect the European Pillar of Social Rights, the Council of European Municipalities and Regions (CEMR) calls for a balanced and flexible approach that takes into account the realities of local and regional government employment. 

In its official response to the Commission’s first-phase consultation of the social partners, CEMR acknowledges that the Commission has correctly identified many relevant issues. However, it expresses concern that expanding the scope of the directive, particularly to cover all atypical and short-term work contracts, could result in disproportionate administrative burdens for local authorities. 

“The introduction of written statements for contracts under one month or eight hours would place a burden on employers that is not proportionate to the benefits for employees,” the response notes. 

CEMR stresses that: 

  • Most local government staff already fall under the existing rules; 
  • Local authorities need flexibility in handling casual and supply contracts, especially in sectors like education; 
  • Contractual elements should remain a matter for national decision-making, not EU regulation; 
  • There is a risk in conflating very different work arrangements, such as traineeships, digital platform work, and genuine self-employment. 

While supportive of fair and transparent working conditions, CEMR does not currently support new EU-level legislation in the areas identified and advises further analysis of the impact on public employers. Should EU-level social partners initiate negotiations under Article 155 TFEU, CEMR affirms its willingness to support the process. 

Read the position paper here 

For more information, contact: 

TTIP: protect local autonomy

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CEMR warns trade deal must not undermine public services or local self-government


As negotiations progress on the Transatlantic Trade and Investment Partnership (TTIP), the Council of European Municipalities and Regions (CEMR) urges the European Commission to ensure that any final agreement fully respects the autonomy of local and regional governments across Europe. 

While recognising the potential economic benefits of TTIP, CEMR underlines that free trade must not come at the expense of democratic governance, public service quality, or citizens’ rights. The organisation stresses that local and regional authorities (LRAs) must retain the freedom to shape and deliver public services tailored to their communities’ needs. 

Safeguarding Public Services 

CEMR calls for a clear, horizontal exemption of all public services from TTIP. Ambiguous definitions such as “public utilities” or “services supplied in the exercise of governmental authority” are inadequate and leave room for legal uncertainty. CEMR strongly opposes “standstill” and “ratchet” clauses that would make liberalisation irreversible, limiting future political choices at the local level. 

Local governments must remain free to organise, finance, and deliver services such as water, energy, transport, health and social care. These services are essential to social cohesion and territorial equality, and their regulation must not be constrained by trade rules designed for commercial markets. 

Rejecting Investor Privileges 

CEMR expresses deep concern over the inclusion of Investor-to-State Dispute Settlement (ISDS) mechanisms. Such provisions would allow corporations to sue public authorities outside national courts, threatening democratic decision-making and the general interest. In stable democracies like the EU and the US, robust national legal systems already offer sufficient protection for investors. 

Regulatory Cooperation and Standards 

While regulatory cooperation can reduce trade barriers, CEMR insists it must not lead to a lowering of European standards in areas such as environmental protection, health, safety, labour rights or data privacy. Instead, TTIP should provide opportunities to raise standards on both sides of the Atlantic. 

Moreover, local and regional authorities must maintain the right to set stricter rules where justified by the public interest. 

Transparency and Democratic Accountability 

CEMR criticises the lack of transparency in TTIP negotiations and the limited involvement of local authorities. As the agreement would have far-reaching implications for subnational governance, LRAs and their national associations must be meaningfully involved in the process, not merely consulted post-factum. 

CEMR calls for regular dialogue between EU negotiators and local governments, and for national parliaments and the European Parliament to have a real say in shaping the agreement. 

“Trade must never override democracy. Local authorities are not just economic actors – they are democratically elected institutions with a duty to serve the public good. TTIP must reflect that.” 
Council of European Municipalities and Regions (CEMR) 

Read the position paper here 

For more information, contact: